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«—/- e
Mafiflual Mi
teuton!
VOL. XVI. NO. 18.
NEW YOKK, SATURDAY, SEPTEMBER 22, 1855.
WHOLE NO. 798.
tfntioital JUti-Slntien) 3tcnborb.
PUBLISHED WEEKLY, ON SATUIIDAY,
h Fifth St., Philadelphia.
decision as I'or tlie c
Iro-Slabtrg.
MISSOURI KANSAS LAW.
I 11 rv p
'all knowingly aid or
ri'iory cuy book, paper, magazii
uiltyo;
■,.oi can;, aei,
doin ot siie.li slave, he shall Ih; atljUGgfid guilty of grand
Sue. si. If ;ii:v ],. rson aid or ussisl iu enticing, decoying,
be shstll tie ;„lju,l.L"-d ('iiilty of grand larceny, aad, on
e brought into, pr
' YORK TRIBUNE.
In a
. ■
tl 1 tie [ 1,.. lit 11 I
pressing hi, approbation ,,:' the plan, und submitting his
lie thinks that should Ibe scheme proposed !„■ eon-
mated, llit u. al. 1. a-r, iinlf ol the so-ealseil I .eaislul uri
tbey are now picicuiliug to I, alslal.'. And again -fo
loss." for. savs the 'Eeibane. "there does liol e\isl I Ius
7 of the sain-.- size which
lese. pnssu
aivassed by lb
dure
In
thee.
Ted.ia.ae,
But as tu the propi
We think it " strange
sucli vast importam
should be canvass '
York, when such
Cither tin: citizens
must consider it i
mies abroatl to ci
and inn lliaeutt'o-
s.isuod Mi-souri,
"weVdo tbey
necessarily follow
an easy prey to th
Aboli
mequnlled by the inhabits County,
r Territory
munity what o
they themselves should be protected 1:
ime preserving their identity as
u of their few reiiiainiug means, of delenee 'I
'or what are laws enacted, if not for the prote
on and properly? The same Constitution
i our slaves as property, and, if it is to be obse
nust protect the rights of the slaveholder, i
-tla-n has ibe .
Her inalienable right t<
iths for
.Ily or collectively, we do not intend to argue, I'or v.t:
der it asa clear mat! i natical axiom,
tools and fanatics will attempt to dispute. It tbe .South
" ^'-'cs have ii not, w.'.ut. elaim huve I hey to their
d boasted righto; independence and sovereignty}
ie not guaranteed by the Constitution, then tbey
possess it by right ot rev, .id ion, and let " the right makes
the might" be their motto.
"iekes vs. (.lallc, :'
ghth Cn
::-,i Whui
". . ii'ill',
321; Albec vs. Ward,
of these cases decide tbat the act of a Coart
b void ; some, tbat tbe proper remedy
lu]- an imprisonment by a Court having
" " habeas corpus; and of
discharge
fill! li HEELER SLAVE CASE.
■rity of this Court reft
it of habeas corpus,
■ul.y u
made lo the Court whilst holding
Hold, on the .Loth day of August,
Bel that in case the
of tin; pelr
i fixed for the
made, by Mess
lowuncet.flbc
ing. On tbat day e
-. ufoully pre
''lathis
.add 1
Messrs. Meredith and Gil
f tie writ,
k here that, upon the presentatio
ding the habea
ing that the right (
i, have examined
m in favour of ;
believe the petitioner has the rigl
ands. From the time of Magi
tibeas corpus has been considered
.-cry person is entitled to ex met,
11:jii Ihe return
opposition of the i
■e eluded in Unglund prior to the statute of Charles
s tbe Judges only awarded it in term time, and Ihey
I it."'■-■2 belli i:oiuuieiitari(s, 21b j\ Uti" Bueon
"Notwithstanding the writ of habeas eorpi
Judge of the Dist
on ibe bearing. There are many
itit.lt a party lo a judicial controv
(See Li. S. Digest, vol. 1, p. 639, 1
•r the protection of the c:
If, then, the wantot'jurlsilictiiin is I'm
to its existence is still open, the mil
.ius lo be eotisidcred is this: Hat
strict. Court for the I
ales [lower to issue the
Passmore Williams-on. upon the
Wheeler. The power of that Court
l-leiij ».', anu uiaries, 211. And' Cucon Says,
hstunding the writ of habeas co
of right, and what tbe subject is entitled
fbev had a discretionary power of
ieactof31Ch ' n
im aware that
tbe passage of the
eluded
q award it. in term
of lite Judges that
grant tbe writ, but 1
aou our act of 18th
■r regarded ibe privileges of the habeas corpus
,st invahiuble right, to seeare whieh an interdii
ainst its suspension, " unless when, in eases of reb;
iuviisii.ii, Hit; [lubbe si-lely may require it," is insi
the organic law of the Union, and, in addition to
.. of 174,5, which Is broader uud more eoiuprelie:
in ibe English statute, a provision in terms like th
ihe Constitution of the United Slates is to be Jbun
solution of this State,
difficult to conceive how words could be i
the Const
:■ 1 huu liso.-e- t
Si
. except I
, tired, either
.pplication of any person committed oi
■riminul or supposed criminal maltei.
m or felony, or confined or restrained of
liberty, under any colour ov preterite wliuieoever, to u
' grant a habeas corpus, directed lo the person Oi
in t medial
n whose eus-lotly Ihe primmer Is iletuiiietl, r
nircd by the a
i uee'ecsua; i
and red pounds.
I suppose no ode will doubt the power of the Legisl
penalty
ying the
'I'll.. Iaii..!i-'., -::i,ln:e confined the penalty to a neglect
or refusal t
this a discretionary power
obeying the n
refusal ]<
penalty to a refusal
prehensivt; to embr
I have looked i
hi .Ucspublieu
iberty, aud
vitbin the ptirvi.
if the
heard upon the same evidence
,. Arnold, li \af,.s: 263, the writ v
: petitioner was not restrained of
re not within the terms of the statu
nwreiieo, 5th Kinney, 304, it was b
bly did not oblige Ihe Court
use had already bt
lother Court. With-
tl
ed, I beli
where ihe
ion of Ihe
pruclice of Ibe bench, uiul uauinsl. Ihe iitiivci.-ul niit.
■ lauding of Hie prolessiim ami the people; but what
'" " .ppearsto me to bo in direct violatim
,I.range," tin
of New
is or ['little; and eiiee(juiutly
oli tbe part of designing en,",
lhal ferlde, weallhv, ],o[suloi,s
me of contention between K.m-
.', sever Ihe bonds,,!' syni[,a1hy,
an eoi.■-..■(|netit-es wiueb would
esult, Kansas, tieprirttl of tbe
her Snath tr,. it/lit-;vnu/d pn.ee
ions thieecs of the North. If,
■'., .:■-■ '-
ll may be Si
thin:.; io be do:
t, upp'ir.
Id that the law nev
how can it be deter-
e is heard ? Whether
; humbly beg leave to undeceive tbem.
-.ontitf.n: tti l:e ami f.-iH" e. iJeoteu. lynch ami hint p., every
n-litlt-Aeeee.i Aho/,in,,.e:l idio duces to pollute our soil.
And IboH's-li our iai- Territory may be refused udmit-
made to the C
f Justice of t!
corpus previous to ;he apjil
en:.],in now Heme, considered. The writ, was refused, so;
il was sluled io tin: opinion that the counsel for the pet
tinner waived the right to the writ, or did not desire il t
be issued if tin: Chief Justice should be oi' the opinion
that there was not sufficient cause s,a. forth in the politic!
lor ihe prisoner's discharge. Bill Ihri can in nowise pit
demands. Even had the writ I,ecu awarded, and tin; ens
heard, and tlie discharge rent ed, ii. would not be withi:
ihe deeisioti in exparte Lawrence, for there the hearinj
of tbe case upon evidence adduced, and
never been awarded. And tbe agreeme
it should not be in a certain event, evei
Now, while I aver tbat the writ of I
..ubjiciCaduniAs a vril of right. 1 do not wish in lie understood lhnt it should issue, as a matter of coursi
due form, and
ethat
entitled to relit
|[ muy. lie rel'us-ed if, upon ibe application ils.elf.il ai,pi a I'
ll i>: ibe petitioner's liberty, unde
a the first place,
Judge beyond bis jurisdietioi
probable cause is madt
v Dower to r. .
sdietion
If ,■: e : If I '■: ileus ,'.li..l. U
____ itntional riKht t
truth of bi- allegata
Is undo ' ' '
establish
afford him relief,
also Im in.doubled rich), under our lb
e nothing in this
be ii
inbeard ;'
that he i- ,1, in
77,1 am ia fi
:■ ■-■ .;. o ■■■
t the prayer ol
d of his liberty without due course ol
ur of treating him as like eases have
ated in this Commonwealth, by award-
ng the writ of habeas corpus, and reserving the mqi
to bis right to be discharged until the ret
ited.
1 suppose ii (o be undoubted law that ill a case where
Coal
ed to' his
■ther lie; Ceo
■
thus transcending it
,'ourt of the Unit
cipie, (rpps.rotiiiv :
here, third Crancl
ely, fourth
e lb pons.
the Jailor,
Muss., m
Some
without jurisd:
beas corpus; and others,
. State Court to dii
process lrom a Federal Court,
, if be i
ly appeal-
P
ined of his liberty by
a ll...' jurisdiction
f the United States must
lex parte f.furrc 2, Howard 15
'Ihe
i lrom tlie Act o
the United Stat
piovidud for by stal
principles and usages of law. And either
' " ' 'upreme Court, as well as tbe Ju
iy grant writs of habeas i
eustodv uirdt
uthorily of tbe Uniti
preme
of inquiry into the
juil unless tbey are in custody under
it of 2d March, 1833, n
;s of the Supreme Cou
art of the United States
7th section
"either of the Jus-
v of the United Stal.cs,tlic District Court hu
answer it is an illegal imprisonment, which;
beas corpus act, we ure imperatively requ
ide.
It cannot be pretendad that the writ was e
■ or granted to impure into any commit:
uuderor by eolour of Ihe authority oi" the L"u
"■om imprisonment for an act dont
pursuance of a law of the Uni
: - . , • -
ia-.1t, .a v.iiel
iri-chcliuii a
the Eastern District of Pennsylvania,
the United States, and more pi I
■
trove
the several States, or the people tl
. enlarge or extend the powers s
.ted, arid that its Courts of justi
r.sillciii.a. deriving their autbo
the United Slides, and 1li
Tbe jut
the Coti.-
rightly c:
ourts of limited
. the Conf
theactsof Congress under
what judicial power was
by iis Courts.
Herd article) "s
I Const
to all ct
ition, the laws of tb.
I ot admiralty
itroversies to which the Un:
teund citizen of another State,
.nils under pratils of dilli:n ir
to bearing upon the. liiiesiion under eoosiiln
:-:sthe various--*- ~
of the Courts of the United Stal
ted States.
Slates, for it is very plain tbat ther,
nder the Const
Or, 'Al I localise il is a eunl reverse belvvi
■
r Ihe Constitution or the laws of t
Iiiiied States? In order
■
lislriet Court, we learn from it that, on the
uly last. John II. "Wheeler presented bis pi ■ i ■■ , :: ,
Ion. J. K.Kane, Judge of tl
lastern District of Pennsylvania, setting forth that
;as the owner of three jiersons belt
hy the laws of the State of Virgini
respectively named Jane, aged ab
Daniel, aged about twelve years, ai
I for the
■live years ;
of c
ned from his possession
t for any criminal or
beas corpus w
ed byhis
. that Ihe said June, Daniel and
time of the i
therefore, a
■'■:.:■ ■
the custody, power or possession of,
' ""heir liberty by, him; and t
■oduce the bodies as he
mad:' on the 20th day of July, A
on, afterwards, to-wit: On the 1
day of July, A. D. 1855 |suvs the record], tbe counsel
for tl
idged by the Court tbat the said Pas
i: Willi,,
him, at the instance of Mr. John H. Wheelei
is the record. Ntuv, while I am willing to ai
s want ol jurisdiction should be made clear, I ,
a case under our hubcis corpus act the p
of jurisdiction cannot go behind tli,
thereof, is a mixed question of law and ft
ietci-niuie wbelher tbe jurisdiction attaches to the
.1- Ihe ui..ert
t the si
Judge
', before or after it is
o that thereby mater
ined (
mined, 1 iv
mll, after the:
< is heretofore prescribed, to e.van
tine lo the ease, and into tbe caut
: restraint, und thereupon either
Therightand duly of the Supre
. prison acted without jurisd!-
scharged, but fhe burden is upon you to show thai thi
as no jurisdiction, and in showing this we will not peril you lo (jo lieyoia! Ibe record made up by the party
fi.i'ns-t. whom you complain."
As the petiIioner would be legally entitled, upon the
■turn of the writ, to establish the truth of tbe facts set
irthin his petition, so :"!(:■ as .bey bear upon the ipieslii n
:' jurisdiction, we ure bound belore the return to assume
lut the facts ure true a.s slated, and, so faking them. Hie
■ John H.Wheeler voluntarily brought into the State
oner (says tbe petition) n
li the free Slate. "While there, a
of the District Court ol ihe Lluilet
corpus directed to the persou by whom the;
' " ' freedom? Or, in other words,is
.: Constitution and hiws of the C
article or section of the Consti
ipon Ibe right ol a master to pas:
mpt.eil lo legislate upon the que,
inlay aver ihul neither in the Cm
Hates nor in the Aefs of Congees
icnletice which bus any effect r.
where Hie person
■ eaby
f Ave ss-tate i
.ime being, a
lined by the Jadges of
■ell as that of the United States—an oath which
.ken bv a Federal Judge.
L'pou this ,pi, s-li,,,(,,f jail
rise v.belher, by the lc« ,,|
as or has not tbe. i-l,t of
■ilh his slaves. If be has lh,
aws of the United Htatts. bin: by ibe
iSUe
e Staie; aud il
i law has forbid
It. Is for the Statea
efonr
cupoiithissnlue!
of fhe s.-ennd si
claimed for the
the Unite,
for the rendition of fugi
eUnitt
leic '
'hab
o part of Ibe lnsirhinery liosiencil by- ..'oi:p:
.use above mentioned) held
: in one elate under the I
.olher .-hull, in consequence (
die party to
n the Com
cried nt 1
i Ihereof
liy re fen
vould have been u
unequivocal language a
;r must pursue such remedy for his recovery as the
of the State have provided for him."
Jones vs. Vanzandt, 5th Howard, 259, Mr. Justi.
language equally expressive : "Hut tl
property in the limits of
u government is ratner an act of comity than stri,
and hence, as property in persons
r of national law,"
a the
ntirely by its merely c:
espect to an j
s unnecessary ;
rtbwith pursue,
light be quoted
for if i
tarily brought into a State
ing this j.
leeler csca[
when no such allegation wi
il is express!; ' '
- : :, . ,-.. |
clear that
Will we, then, for the sake
Judge
Coin-: alone is aiven the jurist
the first position, 1 refe:
aldwin, in Holmes vs..
; Court of New' Yorb, i
r the,
r heard the Oplii
' d it hastily
if I do not
inly upon the gi
or contempt wus a separate p
s from the record fhu.i ibe pais
.dangerous. 1'Iveiy Court of
lows that the aiie-ci content
te Court to punish -an,ma
udgeof the District c.airi
although the
m not in the ]
Suiipose t
r be beyond there
fhe would, c
vrits of right ure
tlie law, 1 aver th;
or Judge, Slate tr
.■eised, there ut
(eiscy oftbeoi
. ropes of si
ind if I
ic or opportunity t<
iii.i la.ibing mere--Ihul wher
Tho;
1
promptnesi
lowed bylegislatj
iiM.-d i'or theoppre
eily detineil that
offence.
U.pl -.
ar rcatuie-,
■ longer an
:t of (.lotiuressoi
ich mentis, s
' Court, shall not be t
:cpt the misbehaviour
■Ion: the ihste
:' the Court b
he d's,■l:::"::.-il from Such imp]
the District Court 1 '
4. That the nowt
the Judges
power, and that no
Judges where the eau
is beyond llltir jurisiii
the Federal Courts i
■■
oe remedied by it
scf Coneitssiu.dt
hnbeas corj us act
appear by the record that
(be Const
Ju-nLj
the Co.
of jurisdi.
'il.ul where the inquiry us to ihe jurisdict
: arises upon a rule ior a habeas corpus, all ■
of jurisdi
Ibe records,
considered as true, unless they c.
8. That when tbe owner of a slave voluntarily brings
ing iLt.rcii). the ili'l.t ( 1 the slave to bis
s upon tbe law of tho Slate into which he
o brought into a free State escapes
inder tbe Constitution of tbe United States or the
thereof; and therefore a Judgeof the United States
it issue a writ of habeas corpus directed to one who
llegt-d withholds ibe possession of the slave from tbe
nding him to produce the body of the slave
Court of tl
10. That tbi
ic Eastern District of Pcimsylvaui
ecause a controversy is bt-lwee*
oiitroversy between prhiih. piirius
. That Ihe power of the
; for contempt
if tbe Court is espreasly c
For these, reasons I ,
retbren refusing the w
SLAVERY IN MARYLAND.
y upon tbe gro
only of l.he eitl/ius ol lhat Slule, but of
The subject Is illus
the State of Maryland, which ought
; whole country";
comparison of the pro)
n the norlh, the re
Charles,
Carroll, Baltimore,
The Southern cou:
7,610 in 1850—a
aves were 72,172 ]■
of 7,275. Yet thest
f, the i
.iuulid li
320,333 i
'I'he Northern (
The fc
.OiUiapi, .s
1 25,171 in 1850—a loss of
i counties amount to 2,125,577
;is set at 834,520,fib-l, iqtuil
1 it £15 210161
... - ■ .
■s Ihe opinion ol'lhe laajorllyjie was (■,■:,■■
mpt of Court, and we will not look im
ee how Ihceniilcinpl. wus committed. I a
erring last, you cunuoi see the conviction
lite cause: !., of tin; o, litioti ; 2, the wri
rit of biibeas corpus; ;J, ibe return : and
e gel io the- word contempt,
il beeomis iu.-iuioly seuiisl
laway slaves; and
1 fuel. Unit these w
arefnl to read only port!
Ibis ease I:.
t cherished rights
ty is fraught wl
g' theriol.t „!
' the United States Cour
; created the Court o
from our State governmi
; within tlie admitted
d powers.
S ourselves powerless fo protect
■ obediei.ee to i
te of 1785, tbe
iis liberie by siiHirderof aJudgf
of right,
'be petition,
pplicsitiou is muile wbelher tin: writ shad Olsl
tat where a person is imprisoned by an order e
I" the JJislricl Court of lite luitid Slates i'or
tul of the Sfate ; and this has but 3,011 inbabi-
tc-r ila tt compares tbe southern counties of
-"■h eight contiguous counties in ti,e southern
rrylvania—Franklin, Adams, York, Lancas-
(]■. i.'ht-ter. Mt.nluon.erv, nrissware :;].;] limits. lie
id-Is .Mtu;i,o!ee|.y tu the Southern countbs in Maryland,
o sis to eipisiuze the tun airs,- lo he compared. Twelve
■ouuties in Maryland have 2,782,710 nens, valuid ut
537,604,865; eiabi eoui.t,esiu i>, m.-vivania have 2,677
.cri-s.vsiiuid ai Sl.|(i.b:,V^^--son„eli,,i,r times as much;
el ll;e lulvuiei.uses (if soil. clilUs.te and l.iellifi are 111
the Maryland c<
as the Penn _
tvus," and tbe
latter, 207,4^7. In 1830,
I'-ii ii; 2(1 veurs ; the Marvland counties'had
ItliO, and gained n.4C3 iu 20 years. Add to
f Ihe lurms in Ihe Maivlaiid coanrits llu: ap-
ue of the slaves, sv.^ul n! Soul', making
0, und the aiiioiml.SiiV.uiij.'nb.wiil be only
llleie Ihun the value ol ihe huu* (:, at uic out
I lol lli( tl , Mlllll I ( ,, tti t I t . -
olid value of farms in Mnrylaml, .^T.l'.l-'.S-.ln,
lOO.OUO more then lb., tine counties of Lan-
1ei(ii,iiMi..,lti!,inerv.uutlisless.bvS7.688.530.
counties have 43.5oa'"'inbululanls
Maryland counties only 6,261. Tbe
echamcs- io :■
iy ii[i lb, -e d
I settle tbem by U
.nd Kastern "
live poi
try.-- li.'iepi,.
RECEPTION OF GOVERNOR SHANNON.
Wksti-ort, Mo., Friday, Aug. 31, 1855.
tonrjiNoi: Wii.u.N Siia.\m).\, .Mr. Ifenler's successor,
rrived at ivunsas (.'itv tin's mornine. in
ral and Mr, Speaker Stringlellow,
Blair and
.aehtt! the
] Ijoaid. who
, Wultllo, Foriiaui, lives.
efficient and cordial a
coulfl have been selec
the elector instead of
After dim
three n„ inhcls ol ll:r Legislal
City; visited the Governor
where he put up, and invited
lb- rode wilh th. iu lo Wcstpoi
who had gathered
He stood
the American Hotel,
' tbe hotel. He appeared.
lie stood ou ihe very spo
demagogue.divine— bad stood a few
■ tbe lowest passions
,i
si lo.-i world converted to Uod.'
bel'ore, and
tbe Union saved!
That step, too,
pun intended)
tbeportlv form
of .lh lb Atchison. Gem. "Whitfield trod
annon began his remarks by thanking the
r their courteous reception, ii gratified hint,
it because if wus personally Haltering, but
showed him that they were not disposed to
decide ou bis official career in advance. It showed him
ight rely on " youa aid " in endear
■bicli be i
] lie regretted I
rritorv, a dispositii
ted by voci; Li^isiat
tie deplored. He regretted, he said, that he had urrived
ion late to form t'ae uequuinlatiee ol the meinbci's of tbe
Legislature., lie bae'.v noihitig of ihe laws [i-sssed by
' * "rnm the abililv ;;■ ■
uhted not lhat they n
intable. [A voice—Yes, you
'■'■
„ ilature."
a revolutionary movementwliieh was -really tc
"in, bul, from the a
ray to deli
is. If they
every I .eeis-aturc cujoyi d ike right of rena
,,i;,.;.o-v ..iti.e 'r,.,-,;t,„.v l.ad ■■,■!.-, .■■■■ .■.!■ ..: ■

«—/- e
Mafiflual Mi
teuton!
VOL. XVI. NO. 18.
NEW YOKK, SATURDAY, SEPTEMBER 22, 1855.
WHOLE NO. 798.
tfntioital JUti-Slntien) 3tcnborb.
PUBLISHED WEEKLY, ON SATUIIDAY,
h Fifth St., Philadelphia.
decision as I'or tlie c
Iro-Slabtrg.
MISSOURI KANSAS LAW.
I 11 rv p
'all knowingly aid or
ri'iory cuy book, paper, magazii
uiltyo;
■,.oi can;, aei,
doin ot siie.li slave, he shall Ih; atljUGgfid guilty of grand
Sue. si. If ;ii:v ],. rson aid or ussisl iu enticing, decoying,
be shstll tie ;„lju,l.L"-d ('iiilty of grand larceny, aad, on
e brought into, pr
' YORK TRIBUNE.
In a
. ■
tl 1 tie [ 1,.. lit 11 I
pressing hi, approbation ,,:' the plan, und submitting his
lie thinks that should Ibe scheme proposed !„■ eon-
mated, llit u. al. 1. a-r, iinlf ol the so-ealseil I .eaislul uri
tbey are now picicuiliug to I, alslal.'. And again -fo
loss." for. savs the 'Eeibane. "there does liol e\isl I Ius
7 of the sain-.- size which
lese. pnssu
aivassed by lb
dure
In
thee.
Ted.ia.ae,
But as tu the propi
We think it " strange
sucli vast importam
should be canvass '
York, when such
Cither tin: citizens
must consider it i
mies abroatl to ci
and inn lliaeutt'o-
s.isuod Mi-souri,
"weVdo tbey
necessarily follow
an easy prey to th
Aboli
mequnlled by the inhabits County,
r Territory
munity what o
they themselves should be protected 1:
ime preserving their identity as
u of their few reiiiainiug means, of delenee 'I
'or what are laws enacted, if not for the prote
on and properly? The same Constitution
i our slaves as property, and, if it is to be obse
nust protect the rights of the slaveholder, i
-tla-n has ibe .
Her inalienable right t<
iths for
.Ily or collectively, we do not intend to argue, I'or v.t:
der it asa clear mat! i natical axiom,
tools and fanatics will attempt to dispute. It tbe .South
" ^'-'cs have ii not, w.'.ut. elaim huve I hey to their
d boasted righto; independence and sovereignty}
ie not guaranteed by the Constitution, then tbey
possess it by right ot rev, .id ion, and let " the right makes
the might" be their motto.
"iekes vs. (.lallc, :'
ghth Cn
::-,i Whui
". . ii'ill',
321; Albec vs. Ward,
of these cases decide tbat the act of a Coart
b void ; some, tbat tbe proper remedy
lu]- an imprisonment by a Court having
" " habeas corpus; and of
discharge
fill! li HEELER SLAVE CASE.
■rity of this Court reft
it of habeas corpus,
■ul.y u
made lo the Court whilst holding
Hold, on the .Loth day of August,
Bel that in case the
of tin; pelr
i fixed for the
made, by Mess
lowuncet.flbc
ing. On tbat day e
-. ufoully pre
''lathis
.add 1
Messrs. Meredith and Gil
f tie writ,
k here that, upon the presentatio
ding the habea
ing that the right (
i, have examined
m in favour of ;
believe the petitioner has the rigl
ands. From the time of Magi
tibeas corpus has been considered
.-cry person is entitled to ex met,
11:jii Ihe return
opposition of the i
■e eluded in Unglund prior to the statute of Charles
s tbe Judges only awarded it in term time, and Ihey
I it."'■-■2 belli i:oiuuieiitari(s, 21b j\ Uti" Bueon
"Notwithstanding the writ of habeas eorpi
Judge of the Dist
on ibe bearing. There are many
itit.lt a party lo a judicial controv
(See Li. S. Digest, vol. 1, p. 639, 1
•r the protection of the c:
If, then, the wantot'jurlsilictiiin is I'm
to its existence is still open, the mil
.ius lo be eotisidcred is this: Hat
strict. Court for the I
ales [lower to issue the
Passmore Williams-on. upon the
Wheeler. The power of that Court
l-leiij ».', anu uiaries, 211. And' Cucon Says,
hstunding the writ of habeas co
of right, and what tbe subject is entitled
fbev had a discretionary power of
ieactof31Ch ' n
im aware that
tbe passage of the
eluded
q award it. in term
of lite Judges that
grant tbe writ, but 1
aou our act of 18th
■r regarded ibe privileges of the habeas corpus
,st invahiuble right, to seeare whieh an interdii
ainst its suspension, " unless when, in eases of reb;
iuviisii.ii, Hit; [lubbe si-lely may require it," is insi
the organic law of the Union, and, in addition to
.. of 174,5, which Is broader uud more eoiuprelie:
in ibe English statute, a provision in terms like th
ihe Constitution of the United Slates is to be Jbun
solution of this State,
difficult to conceive how words could be i
the Const
:■ 1 huu liso.-e- t
Si
. except I
, tired, either
.pplication of any person committed oi
■riminul or supposed criminal maltei.
m or felony, or confined or restrained of
liberty, under any colour ov preterite wliuieoever, to u
' grant a habeas corpus, directed lo the person Oi
in t medial
n whose eus-lotly Ihe primmer Is iletuiiietl, r
nircd by the a
i uee'ecsua; i
and red pounds.
I suppose no ode will doubt the power of the Legisl
penalty
ying the
'I'll.. Iaii..!i-'., -::i,ln:e confined the penalty to a neglect
or refusal t
this a discretionary power
obeying the n
refusal ]<
penalty to a refusal
prehensivt; to embr
I have looked i
hi .Ucspublieu
iberty, aud
vitbin the ptirvi.
if the
heard upon the same evidence
,. Arnold, li \af,.s: 263, the writ v
: petitioner was not restrained of
re not within the terms of the statu
nwreiieo, 5th Kinney, 304, it was b
bly did not oblige Ihe Court
use had already bt
lother Court. With-
tl
ed, I beli
where ihe
ion of Ihe
pruclice of Ibe bench, uiul uauinsl. Ihe iitiivci.-ul niit.
■ lauding of Hie prolessiim ami the people; but what
'" " .ppearsto me to bo in direct violatim
,I.range," tin
of New
is or ['little; and eiiee(juiutly
oli tbe part of designing en,",
lhal ferlde, weallhv, ],o[suloi,s
me of contention between K.m-
.', sever Ihe bonds,,!' syni[,a1hy,
an eoi.■-..■(|netit-es wiueb would
esult, Kansas, tieprirttl of tbe
her Snath tr,. it/lit-;vnu/d pn.ee
ions thieecs of the North. If,
■'., .:■-■ '-
ll may be Si
thin:.; io be do:
t, upp'ir.
Id that the law nev
how can it be deter-
e is heard ? Whether
; humbly beg leave to undeceive tbem.
-.ontitf.n: tti l:e ami f.-iH" e. iJeoteu. lynch ami hint p., every
n-litlt-Aeeee.i Aho/,in,,.e:l idio duces to pollute our soil.
And IboH's-li our iai- Territory may be refused udmit-
made to the C
f Justice of t!
corpus previous to ;he apjil
en:.],in now Heme, considered. The writ, was refused, so;
il was sluled io tin: opinion that the counsel for the pet
tinner waived the right to the writ, or did not desire il t
be issued if tin: Chief Justice should be oi' the opinion
that there was not sufficient cause s,a. forth in the politic!
lor ihe prisoner's discharge. Bill Ihri can in nowise pit
demands. Even had the writ I,ecu awarded, and tin; ens
heard, and tlie discharge rent ed, ii. would not be withi:
ihe deeisioti in exparte Lawrence, for there the hearinj
of tbe case upon evidence adduced, and
never been awarded. And tbe agreeme
it should not be in a certain event, evei
Now, while I aver tbat the writ of I
..ubjiciCaduniAs a vril of right. 1 do not wish in lie understood lhnt it should issue, as a matter of coursi
due form, and
ethat
entitled to relit
|[ muy. lie rel'us-ed if, upon ibe application ils.elf.il ai,pi a I'
ll i>: ibe petitioner's liberty, unde
a the first place,
Judge beyond bis jurisdietioi
probable cause is madt
v Dower to r. .
sdietion
If ,■: e : If I '■: ileus ,'.li..l. U
____ itntional riKht t
truth of bi- allegata
Is undo ' ' '
establish
afford him relief,
also Im in.doubled rich), under our lb
e nothing in this
be ii
inbeard ;'
that he i- ,1, in
77,1 am ia fi
:■ ■-■ .;. o ■■■
t the prayer ol
d of his liberty without due course ol
ur of treating him as like eases have
ated in this Commonwealth, by award-
ng the writ of habeas corpus, and reserving the mqi
to bis right to be discharged until the ret
ited.
1 suppose ii (o be undoubted law that ill a case where
Coal
ed to' his
■ther lie; Ceo
■
thus transcending it
,'ourt of the Unit
cipie, (rpps.rotiiiv :
here, third Crancl
ely, fourth
e lb pons.
the Jailor,
Muss., m
Some
without jurisd:
beas corpus; and others,
. State Court to dii
process lrom a Federal Court,
, if be i
ly appeal-
P
ined of his liberty by
a ll...' jurisdiction
f the United States must
lex parte f.furrc 2, Howard 15
'Ihe
i lrom tlie Act o
the United Stat
piovidud for by stal
principles and usages of law. And either
' " ' 'upreme Court, as well as tbe Ju
iy grant writs of habeas i
eustodv uirdt
uthorily of tbe Uniti
preme
of inquiry into the
juil unless tbey are in custody under
it of 2d March, 1833, n
;s of the Supreme Cou
art of the United States
7th section
"either of the Jus-
v of the United Stal.cs,tlic District Court hu
answer it is an illegal imprisonment, which;
beas corpus act, we ure imperatively requ
ide.
It cannot be pretendad that the writ was e
■ or granted to impure into any commit:
uuderor by eolour of Ihe authority oi" the L"u
"■om imprisonment for an act dont
pursuance of a law of the Uni
: - . , • -
ia-.1t, .a v.iiel
iri-chcliuii a
the Eastern District of Pennsylvania,
the United States, and more pi I
■
trove
the several States, or the people tl
. enlarge or extend the powers s
.ted, arid that its Courts of justi
r.sillciii.a. deriving their autbo
the United Slides, and 1li
Tbe jut
the Coti.-
rightly c:
ourts of limited
. the Conf
theactsof Congress under
what judicial power was
by iis Courts.
Herd article) "s
I Const
to all ct
ition, the laws of tb.
I ot admiralty
itroversies to which the Un:
teund citizen of another State,
.nils under pratils of dilli:n ir
to bearing upon the. liiiesiion under eoosiiln
:-:sthe various--*- ~
of the Courts of the United Stal
ted States.
Slates, for it is very plain tbat ther,
nder the Const
Or, 'Al I localise il is a eunl reverse belvvi
■
r Ihe Constitution or the laws of t
Iiiiied States? In order
■
lislriet Court, we learn from it that, on the
uly last. John II. "Wheeler presented bis pi ■ i ■■ , :: ,
Ion. J. K.Kane, Judge of tl
lastern District of Pennsylvania, setting forth that
;as the owner of three jiersons belt
hy the laws of the State of Virgini
respectively named Jane, aged ab
Daniel, aged about twelve years, ai
I for the
■live years ;
of c
ned from his possession
t for any criminal or
beas corpus w
ed byhis
. that Ihe said June, Daniel and
time of the i
therefore, a
■'■:.:■ ■
the custody, power or possession of,
' ""heir liberty by, him; and t
■oduce the bodies as he
mad:' on the 20th day of July, A
on, afterwards, to-wit: On the 1
day of July, A. D. 1855 |suvs the record], tbe counsel
for tl
idged by the Court tbat the said Pas
i: Willi,,
him, at the instance of Mr. John H. Wheelei
is the record. Ntuv, while I am willing to ai
s want ol jurisdiction should be made clear, I ,
a case under our hubcis corpus act the p
of jurisdiction cannot go behind tli,
thereof, is a mixed question of law and ft
ietci-niuie wbelher tbe jurisdiction attaches to the
.1- Ihe ui..ert
t the si
Judge
', before or after it is
o that thereby mater
ined (
mined, 1 iv
mll, after the:
< is heretofore prescribed, to e.van
tine lo the ease, and into tbe caut
: restraint, und thereupon either
Therightand duly of the Supre
. prison acted without jurisd!-
scharged, but fhe burden is upon you to show thai thi
as no jurisdiction, and in showing this we will not peril you lo (jo lieyoia! Ibe record made up by the party
fi.i'ns-t. whom you complain."
As the petiIioner would be legally entitled, upon the
■turn of the writ, to establish the truth of tbe facts set
irthin his petition, so :"!(:■ as .bey bear upon the ipieslii n
:' jurisdiction, we ure bound belore the return to assume
lut the facts ure true a.s slated, and, so faking them. Hie
■ John H.Wheeler voluntarily brought into the State
oner (says tbe petition) n
li the free Slate. "While there, a
of the District Court ol ihe Lluilet
corpus directed to the persou by whom the;
' " ' freedom? Or, in other words,is
.: Constitution and hiws of the C
article or section of the Consti
ipon Ibe right ol a master to pas:
mpt.eil lo legislate upon the que,
inlay aver ihul neither in the Cm
Hates nor in the Aefs of Congees
icnletice which bus any effect r.
where Hie person
■ eaby
f Ave ss-tate i
.ime being, a
lined by the Jadges of
■ell as that of the United States—an oath which
.ken bv a Federal Judge.
L'pou this ,pi, s-li,,,(,,f jail
rise v.belher, by the lc« ,,|
as or has not tbe. i-l,t of
■ilh his slaves. If be has lh,
aws of the United Htatts. bin: by ibe
iSUe
e Staie; aud il
i law has forbid
It. Is for the Statea
efonr
cupoiithissnlue!
of fhe s.-ennd si
claimed for the
the Unite,
for the rendition of fugi
eUnitt
leic '
'hab
o part of Ibe lnsirhinery liosiencil by- ..'oi:p:
.use above mentioned) held
: in one elate under the I
.olher .-hull, in consequence (
die party to
n the Com
cried nt 1
i Ihereof
liy re fen
vould have been u
unequivocal language a
;r must pursue such remedy for his recovery as the
of the State have provided for him."
Jones vs. Vanzandt, 5th Howard, 259, Mr. Justi.
language equally expressive : "Hut tl
property in the limits of
u government is ratner an act of comity than stri,
and hence, as property in persons
r of national law,"
a the
ntirely by its merely c:
espect to an j
s unnecessary ;
rtbwith pursue,
light be quoted
for if i
tarily brought into a State
ing this j.
leeler csca[
when no such allegation wi
il is express!; ' '
- : :, . ,-.. |
clear that
Will we, then, for the sake
Judge
Coin-: alone is aiven the jurist
the first position, 1 refe:
aldwin, in Holmes vs..
; Court of New' Yorb, i
r the,
r heard the Oplii
' d it hastily
if I do not
inly upon the gi
or contempt wus a separate p
s from the record fhu.i ibe pais
.dangerous. 1'Iveiy Court of
lows that the aiie-ci content
te Court to punish -an,ma
udgeof the District c.airi
although the
m not in the ]
Suiipose t
r be beyond there
fhe would, c
vrits of right ure
tlie law, 1 aver th;
or Judge, Slate tr
.■eised, there ut
(eiscy oftbeoi
. ropes of si
ind if I
ic or opportunity t<
iii.i la.ibing mere--Ihul wher
Tho;
1
promptnesi
lowed bylegislatj
iiM.-d i'or theoppre
eily detineil that
offence.
U.pl -.
ar rcatuie-,
■ longer an
:t of (.lotiuressoi
ich mentis, s
' Court, shall not be t
:cpt the misbehaviour
■Ion: the ihste
:' the Court b
he d's,■l:::"::.-il from Such imp]
the District Court 1 '
4. That the nowt
the Judges
power, and that no
Judges where the eau
is beyond llltir jurisiii
the Federal Courts i
■■
oe remedied by it
scf Coneitssiu.dt
hnbeas corj us act
appear by the record that
(be Const
Ju-nLj
the Co.
of jurisdi.
'il.ul where the inquiry us to ihe jurisdict
: arises upon a rule ior a habeas corpus, all ■
of jurisdi
Ibe records,
considered as true, unless they c.
8. That when tbe owner of a slave voluntarily brings
ing iLt.rcii). the ili'l.t ( 1 the slave to bis
s upon tbe law of tho Slate into which he
o brought into a free State escapes
inder tbe Constitution of tbe United States or the
thereof; and therefore a Judgeof the United States
it issue a writ of habeas corpus directed to one who
llegt-d withholds ibe possession of the slave from tbe
nding him to produce the body of the slave
Court of tl
10. That tbi
ic Eastern District of Pcimsylvaui
ecause a controversy is bt-lwee*
oiitroversy between prhiih. piirius
. That Ihe power of the
; for contempt
if tbe Court is espreasly c
For these, reasons I ,
retbren refusing the w
SLAVERY IN MARYLAND.
y upon tbe gro
only of l.he eitl/ius ol lhat Slule, but of
The subject Is illus
the State of Maryland, which ought
; whole country";
comparison of the pro)
n the norlh, the re
Charles,
Carroll, Baltimore,
The Southern cou:
7,610 in 1850—a
aves were 72,172 ]■
of 7,275. Yet thest
f, the i
.iuulid li
320,333 i
'I'he Northern (
The fc
.OiUiapi, .s
1 25,171 in 1850—a loss of
i counties amount to 2,125,577
;is set at 834,520,fib-l, iqtuil
1 it £15 210161
... - ■ .
■s Ihe opinion ol'lhe laajorllyjie was (■,■:,■■
mpt of Court, and we will not look im
ee how Ihceniilcinpl. wus committed. I a
erring last, you cunuoi see the conviction
lite cause: !., of tin; o, litioti ; 2, the wri
rit of biibeas corpus; ;J, ibe return : and
e gel io the- word contempt,
il beeomis iu.-iuioly seuiisl
laway slaves; and
1 fuel. Unit these w
arefnl to read only port!
Ibis ease I:.
t cherished rights
ty is fraught wl
g' theriol.t „!
' the United States Cour
; created the Court o
from our State governmi
; within tlie admitted
d powers.
S ourselves powerless fo protect
■ obediei.ee to i
te of 1785, tbe
iis liberie by siiHirderof aJudgf
of right,
'be petition,
pplicsitiou is muile wbelher tin: writ shad Olsl
tat where a person is imprisoned by an order e
I" the JJislricl Court of lite luitid Slates i'or
tul of the Sfate ; and this has but 3,011 inbabi-
tc-r ila tt compares tbe southern counties of
-"■h eight contiguous counties in ti,e southern
rrylvania—Franklin, Adams, York, Lancas-
(]■. i.'ht-ter. Mt.nluon.erv, nrissware :;].;] limits. lie
id-Is .Mtu;i,o!ee|.y tu the Southern countbs in Maryland,
o sis to eipisiuze the tun airs,- lo he compared. Twelve
■ouuties in Maryland have 2,782,710 nens, valuid ut
537,604,865; eiabi eoui.t,esiu i>, m.-vivania have 2,677
.cri-s.vsiiuid ai Sl.|(i.b:,V^^--son„eli,,i,r times as much;
el ll;e lulvuiei.uses (if soil. clilUs.te and l.iellifi are 111
the Maryland c<
as the Penn _
tvus," and tbe
latter, 207,4^7. In 1830,
I'-ii ii; 2(1 veurs ; the Marvland counties'had
ItliO, and gained n.4C3 iu 20 years. Add to
f Ihe lurms in Ihe Maivlaiid coanrits llu: ap-
ue of the slaves, sv.^ul n! Soul', making
0, und the aiiioiml.SiiV.uiij.'nb.wiil be only
llleie Ihun the value ol ihe huu* (:, at uic out
I lol lli( tl , Mlllll I ( ,, tti t I t . -
olid value of farms in Mnrylaml, .^T.l'.l-'.S-.ln,
lOO.OUO more then lb., tine counties of Lan-
1ei(ii,iiMi..,lti!,inerv.uutlisless.bvS7.688.530.
counties have 43.5oa'"'inbululanls
Maryland counties only 6,261. Tbe
echamcs- io :■
iy ii[i lb, -e d
I settle tbem by U
.nd Kastern "
live poi
try.-- li.'iepi,.
RECEPTION OF GOVERNOR SHANNON.
Wksti-ort, Mo., Friday, Aug. 31, 1855.
tonrjiNoi: Wii.u.N Siia.\m).\, .Mr. Ifenler's successor,
rrived at ivunsas (.'itv tin's mornine. in
ral and Mr, Speaker Stringlellow,
Blair and
.aehtt! the
] Ijoaid. who
, Wultllo, Foriiaui, lives.
efficient and cordial a
coulfl have been selec
the elector instead of
After dim
three n„ inhcls ol ll:r Legislal
City; visited the Governor
where he put up, and invited
lb- rode wilh th. iu lo Wcstpoi
who had gathered
He stood
the American Hotel,
' tbe hotel. He appeared.
lie stood ou ihe very spo
demagogue.divine— bad stood a few
■ tbe lowest passions
,i
si lo.-i world converted to Uod.'
bel'ore, and
tbe Union saved!
That step, too,
pun intended)
tbeportlv form
of .lh lb Atchison. Gem. "Whitfield trod
annon began his remarks by thanking the
r their courteous reception, ii gratified hint,
it because if wus personally Haltering, but
showed him that they were not disposed to
decide ou bis official career in advance. It showed him
ight rely on " youa aid " in endear
■bicli be i
] lie regretted I
rritorv, a dispositii
ted by voci; Li^isiat
tie deplored. He regretted, he said, that he had urrived
ion late to form t'ae uequuinlatiee ol the meinbci's of tbe
Legislature., lie bae'.v noihitig of ihe laws [i-sssed by
' * "rnm the abililv ;;■ ■
uhted not lhat they n
intable. [A voice—Yes, you
'■'■
„ ilature."
a revolutionary movementwliieh was -really tc
"in, bul, from the a
ray to deli
is. If they
every I .eeis-aturc cujoyi d ike right of rena
,,i;,.;.o-v ..iti.e 'r,.,-,;t,„.v l.ad ■■,■!.-, .■■■■ .■.!■ ..: ■